PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE, APP, OR ANY OF THE OTHER DIGITAL SERVICES PROVIDED BY INRESONANCE.
The information or software (“Materials”) available on the domain inresonance.com, or software owned by inRESONANCE and available via the Apple App Store or Google Play(collectively referred to as “The Site”) are provided by inRESONANCE, Inc. ("inRESONANCE") as a service to its customers, visitors, users or members ("You" or "Your") and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any Materials from or using this Site, You agree to these terms (the "Agreement"). If You do not agree to them, do not use the Site or download any further Materials from it. If You object to any material found on this Site, please bring Your concerns to the attention of the Site Administrator ([email protected]). The web site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
1. TRADEMARK AND COPYRIGHT INFORMATION
"inRESONANCE", "inresonance.com", "iR", "iR Online Application", and the inRESONANCE logo are the property of inRESONANCE. All other names and trademarks are the property of their respective holders.
2. SINGLE COPY LICENSE
The Materials at this Site are copyrighted and any unauthorized use of any Materials at this Site may violate copyright, trademark, and other laws. You may download the Materials found on the inRESONANCE Site on a single computer for the purpose of completing the Materials and submitting them to the appropriate educational entity. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
3. TERMINATION OF THIS LICENSE
inRESONANCE may terminate this license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy the Materials.
4. OWNERSHIP OF MATERIALS
All Materials on this Site are Copyright (c) 2016 inRESONANCE, Inc. All Rights Reserved, unless indicated otherwise. inRESONANCE retains all copyrights in the individual pages, and their components, and collective works available at the Site.
The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. Except as expressly provided herein, they may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without inRESONANCE's prior written permission. Except as expressly provided herein, inRESONANCE does not grant any express or implied right to You under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to You by inRESONANCE in writing or incorporated elsewhere in the Materials.
These materials are provided “AS IS” without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose or warranties arising by course of dealing or custom or trade. In no event shall inRESONANCE, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents be liable to you or any other entity for any and all damages including but not limited to direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information, loss of business opportunities, admission rejection or waitlist) arising out of relating to (1) the use of or inability to use the Materials; or (2) reliance on the content; or (3) errors, inaccuracies, omissions, defects, untimeliness, security breaches; or (4) any other failure to perform by inRESONANCE or inRESONANCE's content providers. The foregoing shall apply regardless of whether inRESONANCE has been advised of the possibility of such damages. inRESONANCE also makes no representations or warranties that your access to and use of the site (1) will be uninterrupted or error-free; (2) is free of viruses, unauthorized code, or other harmful components; or (3) is secure. You are responsible for taking all precautions you believe necessary or advisable to protect You against any claim, damage, loss, or hazard that may arise by virtue of your use of the Site.
Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to you. inRESONANCE and its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. inRESONANCE may make changes to these Materials, or to the products described therein, at any time without notice. inRESONANCE makes no commitment to update the Materials. Any description of products or services in the Materials is not a representation that any particular products or services are available for sale or distribution in Your location. If necessary and in accordance with applicable law, inRESONANCE will cooperate with local, state and/or Federal authorization to protect this Site, visitors, customers, members, inRESONANCE, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of this Site.
6. LIMITATION OF LIABILITY
If, notwithstanding the other terms of this agreement, inRESONANCE should have any liability to You or any third party for any loss, harm, or damage, You and inRESONANCE agree that such liability shall under no circumstances exceed the lesser of $1000 or the fees You paid inRESONANCE during the year immediately preceding the day the act or omission occurred that gave rise to your claim. You and inRESONANCE agree that the foregoing limitation of liability is an agreed allocation of risk between You and inRESONANCE and reflects the fees, if any, inRESONACNE charges You to use the SIte. You acknowledge that absent your agreement to this limitation of liability, inRESONANCE would not provide the site to you.
You agree to defend, indemnify and hold inRESONANCE, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents harmless against any losses, fines, expenses, penalties, costs or damages (including inRESONANCE's reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, (3) Your unauthorized or unlawful possession of any Materials obtained from or through the Site, or (4) the unauthorized or unlawful use of the Site by any other person using Your Login Name and/or Password.
8. USER SUBMISSIONS
9. USER RESPONSIBILITY
inRESONANCE makes the Online application available to schools and organizations, but we cannot verify that the school or organization has actually downloaded the data You submitted via the Online application. It is the Applicant's responsibility to verify with the school or organization that his/her application was received.
10. LINKS TO OTHER MATERIALS
The linked sites are not necessarily under the control of inRESONANCE and inRESONANCE is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. inRESONANCE reserves the right to terminate any link or linking program at any time. inRESONANCE has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and inRESONANCE shall not be responsible for notification of any change in name or location of any information of the Site. inRESONANCE reserves the right to request any web site administrator to disable or remove any link that violates any rights of inRESONANCE or causes interruption or deterioration of services provided by inRESONANCE. Failure to abide by this request shall be dealt with as any other unauthorized use or access to inRESONANCE resources. The content of any linked site or any link containing a non affiliated linked site may contain the views, opinions, statements, offers and other materials of the respective users, suppliers, participants, or authors. inRESONANCE does not endorse, is not responsible for and makes no representation or warranties regarding such content or its accuracy, supplier's ability or fitness for any particular purpose and inRESONANCE shall not be liable for any harm arising from, resulting from or in connection with the reliance on any such content. In addition, inRESONANCE shall not be a party to, or liable in any way for any harm associated with any transaction between you and any other participant in inresonance.com.
11. CREDIT CARD PAYMENTS
All Your credit card transaction information, including Your name, address, and credit card number, is encrypted using a secure server for maximum security. In the unlikely event that You are subject to fraudulent charges, first notify your credit card provider in accordance with its reporting rules and procedures. If, for whatever reason, you are held responsible for any fraudulent charges made on the inresonance.com website, inRESONANCE will cover the entire liability for you, up to $50, as long as the unauthorized use of your credit card resulted through no fault of your own from an order made with inRESONANCE while using the inRESONANCE secure server. Credit card transactions are handled by a third-party financial institution, which receives the credit card number and other personal identifying information only to verify the credit card numbers and process transactions.
12. APPLICABLE LAWS
This Site is controlled by inRESONANCE from its offices within the Commonwealth of Massachusetts. inRESONANCE makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
13. DISPUTE RESOLUTION
Any dispute between inRESONANCE and You arising out of this Agreement shall be resolved first by direct communication with one or more of inRESONANCE's management team members. Should inRESONANCE and You be unable to resolve the dispute by communication, either inRESONANCE or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of inRESONANCE's headquarters and pursuant to Massachusetts state law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify nonbreaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
14. ENTIRE AGREEMENT
Your right to access and use the Site immediately terminates without further notice upon Your breach of this Agreement. inRESONANCE may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections [insert sections ] of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. inRESONANCE reserves the right to discontinue or make changes to the Site at any time.
inRESONANCE may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without inRESONANCE's prior written permission. Any attempt by You to assign Your rights under this Agreement without inRESONANCE's permission shall be void.
17. WAIVER OF BREACH
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
18. FORCE MAJEURE
inRESONANCE shall not be liable for any failure or unavailability of the Site and/or services or failure by inRESONANCE to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the determination or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond inRESONANCE's control.
inRESONANCE may deliver notice to You under this Agreement by means of electronic mail, a general notice on inresonance.com®, or by written communication delivered by first class US mail to Your address on record in inRESONANCE's account information. You may give notice to inRESONANCE at any time via electronic mail to [email protected] or by letter delivered by first class postage prepaid US mail or overnight courier to the following address:
inRESONANCE, Inc.32 Industrial Dr. East Suite 100 Northampton, MA 01060 Tel: 413-587-0236 Fax: 413-587-0238 Attn: Chief Security Officer E-Mail: [email protected] 20. HEADINGS
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.